Being always in dispute with other people is unquestionably stressful, especially if they happen to be friends or members of the family. All you can think of is how you can get the better of the other person, what else you can do if saying sorry is not the most foreseeable solution, and what has led you to this problem. Yes, in that order.
Everything will be fine if you can resolve your issues by yourselves. However, if they are not backing down and neither are you, it will only result in further arguments until such time that you both decide to let your lawyers speak on your behalf. If matters remain unsettled even in front of the attorneys, the latter may suggest that you go through a mediation process. This way, you will negotiate once again before a mediator whose main job is to do anything in their influence to help both parties reach an agreement.
If you are set to attend a mediation meeting shortly, ensuring that your lawyer can make an accurate mediation brief sample which can take you one stride nearer at straightening out your issues with someone and being able to sleep without a troubled mind should be your top priority at the moment. After all, a well-written mediation brief sample can:
- Shorten the time you spend in the hearing place;
- Inform the mediator about what the problem is; and
- Update the mediator as to how close or far you are towards coming to a settlement.
Although the attorney will most likely be the one to write the document, you should not let it stop you from learning its essential points. Below is a straightforward explanation of how to make a brief mediation sample.
1. Write A Short Introduction
Start easy with your brief. You are entitled to use as many pages as you need to present your case. The whole point of this mediation brief is to bring the mediator up to speed regarding the current situation. You do not need to bombard them immediately with evidence or try to make them believe that you are the one telling the truth, and your opponent’s words should not be taken seriously.
Understand as well that you won’t be using it for a court hearing. You will speak with a mediator, not a judge. The mediating personnel is only there to arbitrate – or to referee, if you must – during the settlement process, not to agree with you. Thus, you have to write a summary of the facts in your introduction.
2. Make The Problem Known
It is the best moment for your lawyer to make the real issues known. What is the reason why you cannot settle this at home or at work or any place that does not require the attendance of attorneys and mediators? This question should be answered in the brief mediation sample.
Be factual about what you write here, yet be creative at how you write it. Even if the arbitrator is not going to decide the matter, gaining their sympathy may help you end up in an agreement that is more in your favor.
At this stage, you should check the storytelling capabilities of your lawyer. It will not hurt if they are a master at compellingly relaying the clients’ cases whether they are in a real court or not. It is not entirely necessary to make you look like a damsel or knight in distress; they merely have to convey that you want to be heard by the other party more efficiently.
3. Outline Lawful Opinions
Mediation takes place either because casual peace talks are no longer working or because you both do not want to bring the argument before the judge. If the case gets filed legally, you will have to spend so much time and cash on it. You have to pay more to your attorney too since they will handle your problems for a while. Thus, that will most likely give you a headache.
Even though a mediation brief is for arbitration purposes only, your lawyer can outline their professional opinion about the matter. How easy or heavy they should go on this bit, however, depends on the complexity of the problem. If you are mad at your neighbor because he cranks up the volume of his speakers too high in the morning even when you have already asked him politely to keep it down so that you can continue sleeping in silence, for instance, then that will not demand a lengthy legal argument. On the other hand, if you are in a row with a company about the payment that you want to be reimbursed, or with someone who continues to evade paying back the money he borrowed, your lawyer may write as many legalities as possible to assist you.
4. Pray-Tell Why A Settlement Still Hasn’t Been Achieved
The ultimate reason why you and your opponent still have not achieved a settlement should be evident in the brief mediation sample. The apparent cause is that no one wants to give in without putting up a good fight. You think you are right, and that should be enough for the other party to agree on what you want. The only issue is, they feel the same way about themselves.
You can win over the obstacles toward a settlement if you set your emotions aside and face the issues with an open mind. At first, it may be hard to come up with a joint agreement with the opposing team, but remember that you have already allowed the arbitration to happen. It means that you subconsciously want to settle things and end the dispute. When your lawyer is writing the brief mediation sample, therefore, feel free to inform them about what you truly need from the other party, as well as which ideas of the latter that you can consider saying yes to.
Your mediation hearing will run effortlessly if you have prepared an accurate mediation brief sample with your trustworthy lawyer. The summary should also be shared to your opponent and their respective attorney so that everyone is aware of how you see the situation and how you think it can be solved. Good luck on your arbitration.